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HomeMy WebLinkAboutOrdinance 4826 Doc ID : 009702150002 Tvoe : REL Recorded : 02/28/2006 at 09 : 56 : 01 AM Fee Amt : $11 . 00 Pace 1 of 2 Washlnoton Countv . AR Bette Stamos Circuit Clerk ORDINANCE NO, 4826 Flle2006-00008166 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05- 1776, WEDINGTON CIRCLE, LOCATED NORTH OF WEDINGTON DRIVE (HWY. 112 SPUR) AND WEST OF GARLAND AVENUE, CONTAINING APPROXIMATELY 6. 13 ACRES. AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From RMF-24, Residential Multi-family, 24 units per acre, and C-2, Thoroughfare Commercial, to R-PZD 05- 1776 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2 : That the change in zoning classification is based upon the approved master development plan, development standards, and conditions of approval as submitted, determined appropriate and approved by the City Council. Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 7t' day of February, 2006. APPROV /D: By: G - ! , DAN COODY, Mayor ATTEST: p . • • . ,fgs By: cam? S NDRA SMITH, City Clerk' : FAYETiEVILLE ; TO tA EXHIBIT "A" R-PZD 05- 1776 SURVEY DESCRIPTION ENTIRE TRACT: A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION EIGHT (8), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE NO2°56'35"E ALONG THE WEST LINE OF SAID 40 ACRE TRACT 566.29 FEET; THENCE LEAVING THE WEST LINE OF SAID 40 ACRE TRACT S87011 '2959E 159.72 FEET TO A SET 1 /2" IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE S87° I I '29"E 75.00 FEET TO A SET VT IRON REBAR IN THE CENTER OF AN EXISTING DRAINAGE DITCH; THENCE LEAVING THE CENTERLINE OF SAID DITCH S87° 11 '29"E 376.68 FEET TO A SET %2" IRON REBAR; THENCE NO2056'35"E 161 .54 FEET TO A SET Y2" IRON REBAR; THENCE S86°36'35"E 104.60 FEET TO AN EXISTING IRON; THENCE S03°35 '34W 160.02 FEET TO AN EXISTING IRON; THENCE S86036' 12"E 177.56 FEET TO A SET 1 /2" IRON REBAR, SAID POINT BEING N86°36' 12"W 2.48 FEET FROM AN EXISTING CONCRETE AT THE SOUTHWEST CORNER OF LOT TEN ( 10) OF MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE RECORDS OF THE CIRCUIT CLERK OF WASHINGTON COUNTY, ARKANSAS; THENCE S02°37 '04"W 376.94 FEET TO A SET 1 /2" IRON REBAR; THENCE S87° 16'02"E 96.96 FEET TO A SET 1 /2" IRON REBAR; THENCE S00°50'04"W 146.31 FEET TO A SET 1 /2" IRON REBAR ON THE NORTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY 16 (WEDINGTON DRIVE); THENCE ALONG SAID RIGHT-OF-WAY LINE, THE FOLLOWING BEARINGS AND DISTANCES: N89045 '203W5 66.60 FEET TO A SET 1 /2" IRON REBAR; N74°29'27"W, 194.26 FEET TO A SET 1/2" IRON REBAR; N44°49'05"W, 202.42 FEET TO A SET 1 /2" IRON REBAR; N56007'42"W, 403 .52 FEET TO A SET 1/2" IRON REBAR; S87055'48"W, 84.68 FEET TO A SET 1 /2" IRON REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NO2°56'35"E, 147.22 FEET TO THE POINT OF BEGINNING, CONTAINING 6. 13 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 02/28/2006 09:56:01 AM I and recorded in Real Estate File Number 2006-00008166 Bette Stamps - Circuit CI ark by ow ar7 /06 City of Fayetteville Staff Review Form PZ L) City Council Agenda Items _ / 77�/ or Contracts 14J/t01t1 D?/I 3-Jan-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: R-PZD 05- 1776: (Wedington Circle, 404): Submitted by Rob Sharp Architect, Inc. in behalf of Greg House and Steve Mansfield for property located north of Wedington Drive (Flwy 112 Spur) and west of Garland Avenue. The property is zoned RMF-24, Residential Multi-family-24 units per acre and C-2, Thoroughfare Commercial, and contains approximately 6. 13 acres. The request is to approve a Master Development Plan - Residential Planned Zoning District for a mixed use development to include multi-family dwellings, offices, and retail uses. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a — n/a Account Number Funds Used to Date Program / Project CategoryName n/an/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a epartme t Director Date Original Contract Date: n/a Original Contract Number: n/a 12 - 1c� — of C' orney Received in City Clerk's Office W �-fG -oS Finance' and Internal Service Director Date Received in Mayor's Office EflTEREO 0 Mayor ate Comments: d rrt� / /7/06 � �� t an `/1� =:rge^ d road.4„S //3 /04 City Council Meeting of January 03 , 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: December 15, 2005 Subject: Master Development Plan - Residential Planned Zoning District for Wedington Circle (R-PZD 05- 1776) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Master Development Plan - Residential Planned Zoning District (R-PZD) for Wedington Circle, based on the Master Development Plan, development standards, and statement of commitments submitted. This action will establish a unique zoning district for a single-use project on approximately 6. 13 acres. It does not grant development approval. BACKGROUND The property consists of approximately 6. 13 acres. The applicant requests a rezoning and Master Development Plan approval for the subject property. There is dense tree canopy and 10% slopes located on the undeveloped site. The property is currently zoned RMF-24 and C-2. 1t is located north of Wedington Drive, just west of Garland Avenue and has some frontage on James Street. The mixed-use project will include development of 7 phases, the first being the installation of required infrastructure and dedication of right-of-way which would require a preliminary and final plat. The remaining 6 phases will be the development of structures for residential and retail/office use. The proposal consists of 93% residential use and 7% commercial use. Each development phase (2-7) will be reviewed and approved by the Planning Commission as a large scale development, depending upon how they are submitted. DISCUSSION The Planning Commission voted 8-0-0 in favor of this request on December 12, 2005 . A Planned Zoning District requires City Council approval as it includes zoning and land use approval . Recommended conditions were approved by the Planning Commission and are reflected in the attached staff report. The applicant has submitted a traffic study which does not recommend any improvements, however staff is aware of infrastructure that may be detrimentally impacted with this additional development. At the time of development, streets that the City Council Meeting of January 03, 2006 Agenda Item Number development will access may need to be improved to provide a safe and adequate means of access, as determined by the Planning Commission. At minimum, a full street section width will be required on James Street to the intersection of Mount Comfort Road and potential improvements, including sidewalk, to Wedington Drive. Contribution to long- term or installation of short-term improvements to the intersection of Mount Comfort and Garland (Highway 112) has also been discussed, and will be evaluated at the time of development. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05- 1776, WEDINGTON CIRCLE, LOCATED NORTH OF WEDINGTON DRIVE (HWY 112 SPUR) AND WEST OF GARLAND AVENUE, CONTAINING APPROXIMATELY 6. 13 ACRES' AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 : That the zone classification of the following described property is hereby changed as follows: From RMF-24, Residential Multi-family, 24 units per acre, and C-2, Thoroughfare Commercial, to R-PZD 05-1776 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. That the change in zoning classification is based upon the approved master development plan, development standards, and conditions of approval as submitted, determined appropriate and approved by the City Council. Section 3. That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. PASSED AND APPROVED this day of 2006. APPROVED: By: DAN COODY, Mayor By. SONDRA SMITH, City Clerk EXHIBIT "A" R-PZD 05-1776 SURVEY DESCRIPTION ENTIRE TRACT A PART OF THE SOUTHEAST QUARTER (SEI /4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION EIGHT (8), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE NO2°56' 35"E ALONG THE WEST LINE OF SAID 40 ACRE TRACT 566.29 FEET; THENCE LEAVING THE WEST LINE OF SAID 40 ACRE TRACT S87011 '29"E 159.72 FEET TO A SET %2" IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE S87° 11 ' 29"E 75 .00 FEET TO A SET %' IRON REBAR IN THE CENTER OF AN EXISTING DRAINAGE DITCH ; THENCE LEAVING THE CENTERLINE OF SAID DITCH S87011529"E 376.68 FEET TO A SET %" IRON REBAR; THENCE NO2°5673577E 161 .54 FEET TO A SET %" IRON REBAR; THENCE S86036' 35"E 104.60 FEET TO AN EXISTING IRON; THENCE S03035 '34W 160.02 FEET TO AN EXISTING IRON ; THENCE S86'36' 1 2"E 177.56 FEET TO A SET Y=" IRON REBAR, SAID POINT BEING N86036' 12"W 2.48 FEET FROM AN EXISTING CONCRETE AT THE SOUTHWEST CORNER OF LOT TEN ( 10) OF MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE RECORDS OF THE CIRCUIT CLERK OF WASHINGTON COUNTY, ARKANSAS; THENCE S02037104"W 376.94 FEET TO A SET %2" IRON REBAR; THENCE S870ICO2"E 96.96 FEET TO A SET %" IRON REBAR; THENCE S00050'04"W 146.31 FEET TO A SET %z" IRON REBAR ON THE NORTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY 16 (WEDINGTON DRIVE); THENCE ALONG SAID RIGHT-OF-WAY LINE, THE FOLLOWING BEARINGS AND DISTANCES : N89045 ' 20"W 66.60 FEET TO A SET %2'' IRON REBAR; N74029' 27"W 194.26 FEET TO A SET %" IRON REBAR; N44049' 05"W 202.42 FEET TO A SET %" IRON REBAR; N56007742"W 403 .52 FEET TO A SET %z" IRON REBAR, S87055'48"W 84.68 FEET TO A SET %z" IRON REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NO2056' 35"E 147.22 FEET TO THE POINT OF BEGINNING, CONTAINING 6. 13 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. Ta ye evl _ e PC Meeting of December 12, 2005 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-x267 TO: Fayetteville Planning Commission FROM : Suzanne Morgan, Current Planner THRU : Jeremy Pate, Director of Current Planning DATE : December 7, 2005 Updated December 15, 2005 R-PZD 05- 1776: Residential Planned Zoning District (Wedington Circle) : Submitted by Rob Sharp Architect, Inc. in behalf of Greg House and Steve Mansfield for property located north of Wedington Drive (Hwy 112 Spur) and west of Garland Avenue. The property is zoned RMF-24, Residential Multi-family — 24 units per acre, and C-2, Thoroughfare Commercial, and contains approximately 6. 13 acres. The request is to approve a Master Development Plan — Residential Planned Zoning District for a mixed use development to include multi-family dwellings, offices, retail and associated parking. Property Owner: Mansfield House, LLC Planner: Suzanne Morgan Findings : Property Description: The property consists of approximately 6. 13 acres; conflicting information has been provided regarding the size of the property and the applicant is in the process of obtaining an accurate surveyed legal description of the entire subject property. The applicant requests a rezoning and Master Development Plan approval for the subject property. There is dense tree canopy (89%) and 10% slopes located on the undeveloped site. The property is zoned RMF-24 and C-2 which allows for high density and high intensity uses. It is located north of Wedington Drive, just west of Garland Avenue and has some frontage on James Street. Surrounding Land Use/Zoning: Direction Land Use Zoning North Apartment Complex and single family homes RMF-24 South Single family homes (across Highway 62) RSF-4 East Harps, Arvest Bank C-2 and C- 1 West Single family homes; apartment buildings RSF-4; RMF-24 Proposal: The applicant requests a rezoning and Master Development Plan approval for a mixed-use project on the property. The project will include development of 7 phases, the first being the installation of required infrastructure and dedication of right-of-way. The remaining 6 phases will be the development of structures for residential and retail/office use. The proposal consists of is 93% residential use and 7% commercial use. Each development phase (2-7) shall K:IReporisl20051PZD-MDPReportsl Wedington CirclelR-PLD 05-1776 (Wedington Circle)fbr CC.doc be reviewed and approved by the Planning Commission as a large scale development, and may require Preliminary/Final plat approval as well if the applicant wishes to subdivide the property. Process: The purpose of the subject request is to allow a mixture of uses within the entire project and create an urban environment for those who desire to live close to the University of Arkansas and within one mile of the central downtown area. The density proposed is 48 units per acre, with a maximum 296 units and 428 bedrooms. In order to do so, the Planned Zoning District process was recommended. City Council approval of the proposed Master Development Plan would effectively rezone the property based on the plans and information provided. However, it does not give development approval. The applicant is required to return through the preliminary plat, final plat and large scale development process, in this case, in order for the Planning Commission to confirm that the development plans presented are compliant with the zoning and Master Development Plans approved by the City Council. The following bulk and area regulations are proposed by the applicant, and are included in detail within the attached submittal : ZONING CRITERIA: R-PZD 05-1776 (Wedington Circle) Planning Area 1 , 6. 13 acres (A) Proposed Uses. Permitted Uses Unit 1 Cit -wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 15 Nei hborhood shopping Unit 1opping goods Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi-family dwellings Conditional Uses Unit 2 City-wide uses by conditional use permit Unit 18 Gasoline service stations and drive-in restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collection recyclable materials Unit 34 Liquor Stores Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities K:I Repons170051 PZD-MDP Repornsl Wedingion CircleI R-PZD 05-1776 (Wedingmn Circle)-for W doc * Conditional use approval by the Planning Commission required. (B) Density/Intensity Density (dwelling units) Intensity (square feet nonresidential 49* Units/Acre: Maximum 296 dwelling units Maximum 16,576 SF Anticipated development Anticipated development (not required by zoning).' (not required by zoning): 428 bedrooms Professional Office: 10,000 SF 16 Efficiencies Retail: 6,576 SF 156 1 -bedroom 1 t 6 2-bedroom 8 3-bedroom *Staff has modified the density from 48.3 units per acre to 49 units per acre, with the understanding that the maximum number of dwelling units allowable is 296. (C) Bulk and area regulations. Lot width minimum Lot area minimum Land area per dwelling unit None None No Bedroom — 800 SF One Bedroom — 800 SF Two Bedroom — 13000 SF Three Bedroom or more — 1 ,200 200I SF requirements. Front Side Rear 0 feet 10 feet LLfeet (E) Height. Maximum height for all structures is six stories. (F) Building area. Maximum 100% building area. (G) Signage. Signage shall comply with the C-2 zoning requirements of the Fayetteville Sign Ordinance. Buildings containing only residential dwellings will adhere to the RMF-24 zoning district requirements of the Fayetteville Sign Ordinance. (H) Tree Preservation. The applicant proposes to potentially preserve approximately 18 .4% of the existing canopy on the property, though detailed site work has not been done. The percent canopy required to be preserved in a PZD is 25%. The applicant proposes mitigation of the 6.6% canopy with on-site tree plantings. Additionally, the applicant proposes planting an additional 14, 170 square feet of tree canopy within the AHTD right- of-way to provide a buffer between this development and properties to the south, and to provide additional canopy to the property. Due to the difficult nature of this site to develop, staff is generally supportive of this proposal, and will evaluate the development plans to retain as much canopy as possible. K:IReporlsl10o51P7D-MDPRepons114'edingron ChcIeIR-PZD 05-1776 (Wedingion Circle)Jbr CCdoc Water & Seiver: Water is currently available, and will be extended on-site with adequate fire protection (hydrants) and water line size to be provided as required by code. The Fire Department shall review the proposal to ensure adequate access to and within the site and sprinkling with each structure. Evaluations of the water system, sewer system, streets, and drainage will need to be made as the scope of the project becomes better defined. More specifically, the water distribution system may need to be upgraded to handle the increased demand for domestic and fire supply, the sanitary sewer system needs to be evaluated to show any deficiencies, streets and pedestrian access will need to be improved and follow City standards. Drainage improvements may include detention and/or improvements to the existing system. Adjacent Master Street Plan Streets: Wedington Drive (Principal Arterial) and Garland Avenue to the east (Principal Arterial) Traffic: Access is proposed to be provided from Wedington Drive, a Principal Arterial, and James Street, a local street. Wedington Circle is constructed to its widest extent and the condition of James Street may need to be improved. At the time of development, streets that the development will access may need to be reconstructed to provide a safe and adequate means of access, as determined by the Planning Commission. At minimum, a full street section width will be required on James Street to the intersection of Mount Comfort Road and potential improvements, including sidewalk, to Wedington Drive. Contribution to long-term or installation of short-term improvements to the intersection of Mount Comfort and Garland (Highway 1 12) has also been discussed, and will be evaluated at the time of development. Any curb cut or improvements on Wedington Drive shall require AHTD approval. Access for ladder trucks within this property and especially around the round-about for the Fire Department is a stated concern. Interior to the project, public and private drives are proposed. Access to future structures will need to meet with Fire Department approval in order to provide adequate fire protection and emergency access in time of need. The slope, width and construction of interior drives to access future structures shall be evaluated at the time of development to ensure proper and safe access is achieved. Based on further evaluations by Planning and Engineering, interior streets may or may not be public. Street Improvements: Staff recommends that street improvements be evaluated at the time of development for Wedington Drive along the project frontage and on James Street, as well as surrounding intersections. At this time the applicant has submitted a traffic study which does not recommend any improvements, however staff is aware of infrastructure that may be detrimentally impacted with this additional development. Tree Preservation: Most of the site (88.66%) contains existing tree canopy. The majority of the property is intended to be utilized for development and to do so on slopes of 10% will create a great deal of disturbance. The applicant is preserving the tree canopy in one location on the property. The applicant proposes to preserve approximately 18.4% of the existing canopy on the property, utilizing retaining walls to minimize grading. The applicant proposes mitigation of the K:IReportsl20051PZD-MDPReporrlslWedingion CircIeIR-PZD 05-1776 (Wedingion Circle)for CCdoc addition required 6.6% canopy with on-site tree plantings. Additionally, the applicant proposes planting an additional 14, 170 square feet of tree canopy within the AHTD right-of-way to provide a buffer between this development and properties to the south. The Urban Forester's evaluation of the proposed tree preservation plan has been included in the staff report, and is cautiously supportive, due to the fact that this is a concept plan only, and further evaluation will need to be made at the time of development. If developed under the current zoning regulations, 15% tree canopy in a C-2 zoning district and 20% canopy within an RMF-24 zoning district is required to be preserved. Parks: On August 1 , 2005 The Parks and Recreation Advisory Board recommended accepting money in lieu of land to satisfy the Park Land Dedication requirements for Wedington Circle for 12 single family units and 284 multi-family units. Fees are assessed in the amount of $ 118,272. • Asbell School Park is within a half mile service area of this development. Given its proximity to Asbell as well as Lewis Soccer Complex and the playground at Leverett Elementary School, this development will have adequate access to recreation. Additionally, the developer is proposing a pool, workout room, and soft surface walking trail and playground within the tree preservation area. • Parks fees are due before signing the final plat or before issuance of building permits allowing development to occur. Public Comment: The applicants have presented their ideas to two Ward 4 neighborhood meetings. Staff has not received any public comments regarding this project, though the applicant indicates response has been, for the most part, favorable. Recommendation: Staff recommends forwarding the Master Development Plan — Residential- Planned Zoning District for Wedington Circle (R-PZD 05- 1776) to the City Council with a recommendation of approval with the following conditions: Conditions of Approval: 1 . After the Planning Commission meeting on December 12, 2005, staff reevaluated the recommended Lot Area Minimum for this property and modified the recommendation from "8,000 square feet" to "None"finding that to establish a lot area minimum in a dense, urban-type development was unnecessary. 2. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. 3 . Approval of this Master Development Plan — Planned Zoning District shall not be construed as development approval . Pursuant to city ordinance, all development of the K:IRepon.020051P7D-MDP ReporislWedington CircleIR-PZD 05-1776 (Wedington Circle)_for CC.doc